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The judgment below
The guilty part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for eight months.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s assertion of mistake of facts is only one victim who did not borrow money to Defendant B, and Defendant A did not have conspired with Defendant B due to the sole crime of Defendant B.
Nevertheless, the court below found Defendant A guilty of the facts charged in this case by misunderstanding the facts.
B. (i) Defendant B’s imprisonment (one year of imprisonment) is too unreasonable.
The sentence of the court below (one year of imprisonment of each of the defendants) against the defendants Sheet prosecutor is too unhued and unfair.
2. Determination
A. In full view of the following facts: (i) the judgment of the court below and the evidence duly adopted and examined by the court below and the court of the case; (ii) the office of the defendant B was in the second floor of the I building in Sungnam-si, and the project of the K-gu, Sungnam-si; (iii) the defendant A obtained approval from the defendant A who has invested in his own business; (iv) the defendant A used the office of the president as the registration director of the K-gu, the K-gu, the K-gu, the K-gu, and the director of the K-gu, and (iv) the fact that the defendant A had been urged to attract investment; and (iv) even though the degree of participation is minor, the fact that the defendant A conspired with the victim and the K-gu, as stated in the facts constituting the crime in the judgment of the court below, could be sufficiently recognized that the defendant A received money from the victims; and (v) the act of receiving money without delay.
Doh, Defendant A’s above mistake of facts is without merit.
B. (i) Determination of the assertion of unfair sentencing is based on the following: (a) the act of fund-raising without permission is likely to cause severe social harm in that it leads a large number of victims to an unspecified number of unspecified persons for a short period of time; and (b) the amount acquired by deceit as a result of the instant fraud crime is KRW 137 million.